The Republican front-runner’s “official conduct” while in office is protected from prosecution, the justices found.
American presidents have “absolute immunity” for their official actions, the US Supreme Court ruled on Monday, addressing a series of charges against former President Donald Trump.
Federal prosecutors have charged Trump with four criminal counts related to the 2020 presidential election, alleging that he “conspired” to overturn the results by spreading “knowingly false claims” of fraud to obstruct the collection, counting, and certification of the results.
“Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority,” the court said in a 6-3 decision. “And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.”
Chief Justice John Roberts wrote the majority opinion, which saw the six conservative-leaning justices opposed by the three liberal ones.
The decision favors the former president in terms of his tweets to the American public on January 6 and conversations with then-Vice President Mike Pence about his presiding over the certification of election results, as both of those clearly fell within the scope of official duties.
However, the verdict allows lower courts to hold evidentiary hearings to determine which actions by Trump may have been unofficial, such as when he contacted state and local election officials about the 2020 vote.
“In dividing official from unofficial conduct, courts may not inquire into the President’s motives,” the court warned.
“The President is not above the law. But under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts,” said the ruling.
The Supreme Court saved the immunity case for the last day of its term. The long-awaited decision puts a dent in the plans for special counsel Jack Smith to prosecute Trump in the federal court in Washington, DC before the November election.
Trump challenged the 2020 election – marked by a series of unusual procedures, ostensibly adopted due to the Covid-19 pandemic – as irregular and possibly tainted by fraud, pointing to delays in counting mail-in votes that suddenly went in Democrat Joe Biden’s favour after the polls closed in a handful of states.
Democrats have insisted that the election was the most secure and legitimate ever and that any questioning of the result is an attack on democracy.
Trump was president on January 6. He could not have committed treason against himself. Questioning fraudulent election results (and they absolutely WERE fraudulent) was well within his rights as a candidate and well within his duties as the president. They shouldn’t have stolen that election, plain and simple. If they’d not cheated, Trump would be finishing up his second term right now and NONE of their current problems would exist, but criminality is just in their nature.
And to all the woke brainlets screaming, “so now a president can just have people assassinated?!”
Ever heard of Barack Hussein Obama? Ever heard of Bill Clinton?
Not even IMAX projects as well as the left.
Spot on.
However, that ruling might prove to be a two-edged sword, possibly future protecting the truly criminal deeds of the Bidens.
Trump increased the US National debt by 8 trillion dollars
And? He also gave the people their strongest economy in US history? Who cares about fiat currency they just keep printing more of anyway 🤷🏼♂️
Certainly not Obama and Biden.
Much as I think Trump is a much better alternative to Biden, this sets a very bad precedent going forward (beyond Trump).
Politicians are essentially public servants, so they should always be accountable to the public. We have seen how a lack of accountability has operated, here in New Zealand and elsewhere.
That said, the writing is on the wall for the next US election, so I’m not overly surprised, either….
I mean I get where you’re coming from. This same precedent also means that Trump can’t go after Biden once he’s done (if he lives that long anyway). But he CAN go after all the handlers and people behind the throne, which let’s be honest are the ones who’ve actually been running that country for the last 4 years, so I guess I’m fine with it 🤷🏼♂️
Politicians SHOULD be accountable to the public, you’re absolutely right (I’m in favour of gallows myself), but the presidential immunity thing is an important safeguard when the judiciary, legislature and presidency have all been captured through fraud and corruption, and the weaponised justice system is being used as a means to an end.
Without this principle, the left would go full tinpot and jail their political opponents at every opportunity ad infinitum.